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Reform of the system of people 's jurors elected

Author: ZhaoJianJian
Tutor: MoDanYi
School: Southwest University of Political Science
Course: Criminal Procedure Law
Keywords: The people's jury system Selection system Jury system University Press A fair value Behalf of the people Common Law Judicial system People's Court Reform of the
CLC: D926.2
Type: Master's thesis
Year: 2007
Downloads: 166
Quote: 1
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Abstract

The people's jury selection system is the basis of people's jurors exercise of criminal jurisdiction, the direct impact on the jurors can truly represent the people exercise the rights of the \goals. Jurors based on the identity of the non-professional judges to participate in the trial proceedings in the personal. For the jurors, is the perspective of the non-legal and non-legal thinking is more conducive to the performance of its duties, because the essence of the jury system is that jurors be able to represent the will of the people. British Carta \exile, damage, search, or arrest. \The juror qualifications of this broad, not on behalf of the the jurors elected arbitrariness. And on the contrary, how to be able to pick out the most suitable procedure from the qualifications of those truly able to fulfill the duties of a juror, so that they can faithfully represent the will of the people, we can see that the scientific jurors jury elective system is One of the core issues of the system can play its due role. The system of people's jurors elected as a judicial system, the presence of both instrumental side, but also by its own independent value targets. Its instrumental value reflected in four aspects: First, the democratic values; Second, the value of the protection of human rights; effective value; fair value (judicial proceedings). The realization of these values, you need to juror selection system, the scientific operations of the judicial system. Jurors elective procedures are one aspect of the whole jury system, but it has its own great independence. This is from our country as well as rule of law and national laws we see that the general provisions of jurors elective procedures. According to the modern legal theory, any program has its own independent value. But the value of this program, not as an entity value will still instantly show. Its independent value for now, should be summarized as follows: the value of procedural fairness. In this regard, the Western developed countries can be used as a reference. Both common law countries, the implementation of the jury system or implemented in judging cases of civil law countries, reflected both in the open and fair jurors the elected regime impartial value. First, from a historical point of view, the real practice or are being implemented with the countries of the jury system juror qualification requirements mostly very relaxed. \The occupational limits who can not participate in the jury, can serve as a juror. There are similar provisions in the laws of the United States. Civil law practice of the National Cheng Jiying United States law countries, its jurors also ordinary citizens do not have professional knowledge and judicial experience. Second, jurors elective procedures, the countries are similar. The common practice is there will be qualified to serve as jurors list of citizen input database, randomly selected portion of the notice to appear in court before the hearing. The the law jurors elective system detailed provisions limiting the powers of the free disposal of the judge, but also provides a basis for supervision from social, which embodies the principle of open justice value; loose restricting eligibility and the elective process randomness , but also embodies the principle of fairness in elective procedures. Two Schools of major countries jurors elective system, there are many differences, but the essence is the same throughout which is a profound spirit of democracy. \participation is impossible. \Must continue to reform and improve the system to be. The historical experience of the developed countries under the rule of law can provide valuable lessons we insist on the perfect juror elective system. Perfecting People jurors elected regime longitudinal study of the history and reality of horizontal comparison, from the following aspects: First, our Constitution should be restored to establish a jury system; relax the qualifications of the jurors of the people; strictly fulfill the people elective procedures; jurors, the the 'alternate jurors system;, rational arrangement of experts to participate in the trial; 6, the abolition of the people's court of the right to review the qualifications of the people's jury.

Reform of the system of people 's jurors elected

Abstract

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